9 N.Y.2d at 803 9 N.Y.2d 803 (1961) In the Matter of Police Benevolent Association of the New York State Police, Inc., et al., Appellants, v. Joseph F. Gagliardi, as District…1 citing case
- Matter of 381 Search Warrants Directed to Facebook Inc. v. New York Cnty. Dist. Attorney's Off., 78 N.E.3d 141 (N.Y. 2017).published Consequently, we have held for decades that "no appeal lies from [an] order denying . . . [an] application to vacate a search warrant . . . as this is an order in a criminal [case], [and] an appeal from [such an order] is not provided for"…
9 N.Y.2d at 804 “no appeal lies from an order denying . . . an application to vacate a search warrant . . . as this is an order in a criminal case, and an appeal from such an order is not provided for”0 citing cases
v.
Joseph F. Gagliardi, as District Attorney of Westchester County, et al., Respondents.
Arthur L. Reuter for appellants.
Leonard Rubenfeld, Acting District Attorney (Warren J. Schneider and Kenneth H. Lange of counsel), for respondents.
John W. Condon, Jr., and Grace Marie Ange for Police Conference of New York, Inc., amicus curiæ.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.
Order affirmed. The Appellate Division was correct in holding that no appeal lies from the order denying appellants' application to vacate a search warrant and for the return of the[*804] property seized thereunder, as this is an order in a criminal cause, an appeal from which is not provided for under the Code of Criminal Procedure. No opinion.